The victim and the criminal process: an analysis of recent trends in regional and international tribunals

Doak, J ORCID: https://orcid.org/0000-0002-3793-2819, 2003. The victim and the criminal process: an analysis of recent trends in regional and international tribunals. Legal Studies, 23 (1), pp. 1-32.

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Abstract

This paper examines the recent trends in regional and international tribunals that relate to the position of the victim in the criminal process. Recent decisions in both the European Court of Human Rights and other international tribunals have illustrated a new and progressive attitude towards the role of the crime victim. This can be attributed, in part, to the breakdown of the public/ private divide in human rights law and the mutually expanding parameters of both human rights discourse and criminal law. It is argued here that cross-fertilisation between these disciplines, which is widely evident in current policy making and judicial decision-making, has meant that the traditional failures of human rights law and the criminal law to protect victims are being addressed - at least to some extent. A line of European and international case law has developed which suggests that victims of crime have acquired a number of enforceable substantive rights, similar to those held by victims of abuse of power. While the potential for victims to be further empowered will always be inherently limited in adversarial jurisdictions, it is none the less a welcome development that a clear trend is emerging which indicates that international policy makers and tribunals are viewing criminal justice issues in a much more holistic manner.

Item Type:	Journal article
Alternative Title:	The victim and the criminal trial: a survey of recent trends in regional and international tribunals [working title] Victims in the criminal process: an analysis of recent trends in regional and international tribunals [working title]
Description:	The definitive version is available at www.blackwell-synergy.com.
Publication Title:	Legal Studies
Creators:	Doak, J.
Publisher:	Blackwell Publishing
Date:	2003
Volume:	23
Number:	1
Identifiers:	Number Type 10.1111/j.1748-121X.2003.tb00204.x DOI
Divisions:	Schools > Nottingham Law School
Record created by:	EPrints Services
Date Added:	09 Oct 2015 11:07
Last Modified:	09 Jun 2017 13:50
URI:	https://irep.ntu.ac.uk/id/eprint/23169

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